The Hawaiian gazette., 1887-05-03
The Advertiser Contempt Case.

ana on NaluauaN morning the proceed
ings we're continued.
C. w. Ashford, Esq, read the petition in
substance as follows:
The petition sets out that petitioner is and
has been Minister of the Interior for the
past six mouths. That on the 18th of April,
! w. o. Smith ct al, instituted suit IN the
Supreme Court against him as Minister of
the Interior, which suit is still pending.
| That on the 18th of April, Robt. j. Creighton,
managing editor of the p. c. Advertiser, con
spicuously printed in said newspaper, and
distributed and published throughout this
kingdom, and more especially throughout
l the city of Honolulu, an article with the
heading and in words and figures following
INJUNCTION PRAYED FOR AGAINST MINISTER
AHoLo-A LAND TRANSACTION VENTILATED.
! In the Supreme Court, 18th ult., petition
was filed for All jui.qcsion by W. o. Smith,
/ L. A. Tnurston, A. Kinney and NJ. de
/ Gouveis against l.. Aholo, Minister of the
/ Interior.
/ The petition states that on the ID day of
| Angus. 1886, one w. NJ. Gibson, then acting
as MiIlis.sr of the Interior of the Hawaiian
! Kingdom, illegally, secretly and fraudu-
lently, and without advertisement, as re-
| Quired by law, executed an illegal and fraud
! ulent instrument, purportng to be a lease to
/ His Majesty kalakaua, certain lands belong
/ ing to the Hawaiian Government, situated in
4 the DlStIlCI OF hOQi, nAWdll, VIZ OF the
! lands of hekio >, Maniuiowa, Mahaiula, ka-
/ ulana valua, Puukala, Makaula, kalaoa l,
., s, and ;. kealak, he and kahanaiki, con-
/ tanning an arr. Z ..ro-, - t00 acres That
/ the rent received III said lease is Only 500
/ per annuu, which is wholly inadequate and
insufficient rent for said lands. That the
term of said lease is twenty years. That the
said lands are, and at the time of making
said lease we're, worth not less than $1,000.
That said lease is on file in the Interior
| Office. That your petitioners are informed
and believe, and upon such information and
belief aver that His Majesty kalakaua has
offered, or caused 10 be offered. to L. Aholo
now Minister of Interior for the Hawaiian
Kingdom, the sum of $500 for the purchase of
has, IN pursuance of said offer, caused the
lands included and enumerated in said lease
TO be advertised IN the Government 81 Ga
zette" for sale, and intends to sell the
same upon the 18th day of April, 1887, at an
upset price of $500 for the said lands as a
whole. The said L. Aholo we'll knows that
said lease was executed secretly, illegally and
fraudulently, as aforesaid. That said lands
are seperate and distinct one from another.
That portions of said lands are suitable for
| settlement under the Homestead Act"
That by reason of said condition imposed
by the said L. Aholo upon said proposed
sale, making the same subject TO said illegal
AA0 44d0AO4ClAA 4o<Act- MS 21dtCStN haldACud
and those acting for him and and in his
interests, will be improperly and wrongfully
placed IN position much more favorable
for the purpose of purchasing said lands
than other intending purchasers will, by
reason thereof, be and are prevented from
holding for or buying said lands, and that
the same will therefore be sold for much less
than their real value. thereby causing great
and irreparable injury and loss to the public
and to your petitioners as citizens and tax
payers. Wherefore your petitioners pray
that the said /. Aholo may be summoned TO
appear and answer this bill of complaint,
and that an injunction may forthwith issue
from this Court enjoining and restraining
the said 1. Aholo from selling or diSpoSing
of said lands or either of them, subject to
said lease and IN the manner set forth IN
said advertisement as aforesaid, until the
further order of this Court; and that after
full hearing such injunction may be made
perpetual.
Mr.. Justice Preston has appointed Thurs
day, April 2lst, ct 10 O'Clock q. m, as the
time for the petition to be heard and for the
defendant TO show cause why the injunction
therein prayed should not issue.
Cl.s Fs~tis5Ssas~a SLOWS asld at3ys=z sl.=.s
material statements II said article alleges
ana set forth are grossly scandalous OF, and
reflect lnluriously upon the petitioner in his
capacity as q public official and IS a citizen.
and are calculated and tend 10 cast unjust
suspicion Of dishonesty and miSfeaSance and
malteaSance upon petitioner, and TO prejudice
the public with regard TO the merits of said
canse, and 10 prejudice and impair petit
toners night 70 Just and impartial de-
ciSlon Of such cause so pending, and TO en-
barraSS, impede and obstruct the course of
justice therein. Wherefore petitioner prays
that said Robert J. Creighton be cited to
appear 10 show cause why an attachment
should not issue against him for contempt of
Court for publication of said article.
In the answer of Mr.. r. J. Creighton, on
rule TO show cause. after making several for
nal admissions, be also admits that on the
18th Of April the article set forth IN defend
ant motion was printed and published In
the 7. c. Advertiser, and that it consisted of
correct abstract without any comment of
the allegations contained In said complaint
against said defendant. He denies that the
publication of said article was intended to
prejudice the public with regard to the inter
ests of said cause or to prejudice or impair
said defendant. Aholo's right TO Just and
impartial decision of said cause or to en-
barrass, impede or obstruct the course of
justice therein. He further says that the
complaint from which said abstract was
taken, was furnished by one of the clerks of
the supreme Court to q reporter of respon-
dents paper upon the ordinary application
Of said reporter for information as to bust
ness transacted Ii court. That said abstract
vas published merely as matter of news, in
which the public was interested. That re-
spondent had been advised and believed that
the records and doings of the Supreme Court
OF the Kingdom we're public and open to the
inspection of all persons, and that he did not
intend any disrespect or contempt of said
Court or any rule or order thereof. That
said abstract was published IN good faith
and concerned the official acts OF a govern |
ment officer, Of which the public had the
right to be informed. Therefore be prays he /
may be hence dismissed.
Mr.. Ashford on behalf of Mr. Aholo, Min !
lister Of The Interior, opened his case and
cited number Of precedeats, among others i
the recent 6 ZETIE case. The principle that /
be maintained was. that The publication OF /
facts before the case Is trisd tends 70 preju- !
dice the minds of people upon the case.
The tendency Of the publication IN the p. 4
c 4drsTfissy- was to prejudice the minds OF /
the community. The charges were sworn TO, 1
and must affect the minds OF people. It IS no
defence 10 say that man Is journalist and 4
then ruthlssSiy butcher the character OF citi- I
zsns. Has AhOlO the right 70 h protected from 1
this: Undoubtedly he has The answer de- I